TYLER
v.
CHONG
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The court adopted the Magistrate Judge's report and recommendation, denying the plaintiff's motion to proceed in forma pauperis and dismissing the case without prejudice.
Plaintiff filed a motion for leave to proceed in forma pauperis but failed to file a complaint. The Magistrate Judge recommended denying the motion an…
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This matter is before the Court on consideration of the report and recommendation of Julie S. Sneed, United States Magistrate Judge, entered on November 2, 2020. (Doc. 6). Judge Sneed recommends Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) be denied without prejudice, and that his case be dismissed without prejudice due to Plaintiff’s failure to file a complaint.1 Neither Plaintiff nor Defendants filed an objection to the report and recommendation, and the time to object has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright,
in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994) (table). Upon due consideration of the record, including Judge Sneed’s report and recommendation, the Court adopts the report and recommendation. Consequently, Plaintiff’s in forma pauperis motion is denied without prejudice. The case is dismissed without prejudice, with leave to file a complaint that complies with the Federal Rules of Civil Procedure and cures the deficiencies identified by Judge Sneed in her report and recommendation. Plaintiff is directed to file his complaint, along with a new motion for leave to proceed in forma pauperis, on or before December 8, 2020. Failure to file a complaint as directed will result in this Order becoming a final judgment. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F. 3d 707, 719-20 (11th Cir. 2020). Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sneed’s report and recommendation (Doc. 6) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Plaintiff's motion for leave to proceed in forma pauperis (Doc. 2) is hereby
DENIED WITHOUT PREJUDICE.
(3) This case is DISMISSED WITHOUT PREJUDICE, with leave to amend. Plaintiff is directed to file a complaint on or before December 8, 2020, along with a motion to proceed in forma pauperis. Failure to file a complaint as directed will result in this Order becoming a final judgment. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F. 3d 707, 719-20 (11th Cir. 2020). DONE and ORDERED in Chambers, in Tampa, Florida, this 17th day of November, 2020.
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UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Castro Bobadilla v. Reno, 1993 WL 259424 (S.D. Fla. 1993)